Can multiple embodiments be included in a single design reissue application?
The inclusion of multiple embodiments in a single design reissue application is generally not permitted. As stated in MPEP 1457:
“A design reissue application may not contain more than one embodiment (plural embodiments are not permitted in a design application).”
This restriction is important because:
- Each design patent should protect a single, distinct design
- Multiple embodiments could lead to confusion about the scope of protection
- It ensures consistency with the original design patent practice
If an applicant wishes to protect multiple embodiments, they would typically need to file separate design reissue applications for each distinct design.
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